(2) "Customer" means any
member of the public who is provided access to a tanning device in exchange for
a fee or other compensation, or any individual who, in exchange for a fee or other
compensation, is afforded use of a tanning device as a condition or benefit of membership
or access.

(3) "Employee" means any
individual, including a minor whether lawfully or unlawfully employed, who engages
to furnish services for remuneration, financial or otherwise, subject to the direction
and control of an employer and includes any individual who is required to have workers'
compensation coverage.

(4) "EPA" means the U.S.
Environmental Protection Agency.

(5) "FDA" means the U.S.
Food and Drug Administration.

(6) "Fitzpatrick Skin Type
Scale" means a numerical classification diagram used as a way to classify the response
of different types of skin to ultraviolet (UV) light.

(7) "Formal Training" means
a course of instruction reviewed and approved by the Authority and which is conducted
or presented under formal classroom conditions or online by a qualified expert possessing
adequate knowledge and experience to offer a curriculum, associated training, and
certification testing pertaining to and associated with the correct use of tanning
equipment. Operator training shall cover ultraviolet radiation and effects on the
skin, photosensitivity, FDA and State of Oregon regulations, eye protection, and
equipment maintenance.

(8) "Handrails" means a suitable
physical aid that will help to maintain proper exposure distance.

(9) "Identification" means:

(a) A government-issued photo
identification that displays the individual’s date of birth; or

(b) A government or non-government
issued photo identification when submitted with a completed Oregon Underage Tanning
Medical Recommendation form.

(10) "Individual" means any
human being.

(11) "Minor" means any individual
under the age of 18 years old.

(12) "Operator" means the
person who is an employee (defined by the Oregon Occupational Safety and Health
Division, OAR 437-003-0011(2)) or contractor of the tanning facility who has received
a certificate from an approved formal training course and who is responsible for
any of the following:

(d) Assuring that all required
forms are understood and properly signed by the customer;

(e) Maintaining required
exposure records;

(f) Recognizing and reporting
injuries or alleged injuries to the registrant;

(g) Determining the customer’s
exposure schedule;

(h) Setting timers which
control the duration of exposure;

(i) Instructing the customer
in the proper use of protective eyewear;

(j) Verifying and documenting
age of clients; and

(k) Sanitizing tanning devices.

(13) "Other Compensation"
means the payment or exchange of goods, services or anything of value for use of
the tanning device or devices.

(14) "Person" means any individual,
corporation, partnership, firm, association, trust, estate, public or private institution,
group, agency, political subdivision of this state, any other state or political
subdivision or agency thereof, and any legal successor, representative, agent or
agency of these entities.

(15) "Phototherapy Device"
means equipment that emits ultraviolet radiation used by a health care professional
in the treatment of disease or illness.

(16) "Program" means the
Radiation Protection Services section of the Public Health Division.

(18) "Public Places" means
the area where members of the public may assemble and are not directly affected
by tanning operations.

(19) "Recommendation" means
a written directive using a form provided by the Authority and signed by a licensed
physician.

(20) "Registrant" means a
tanning facility registered with the Authority as required by provisions of this
division.

(21) "Registration" means
registration with the Authority in accordance with provisions of this division.

(22) "Remote" means a timer
that is placed away from the tanning device so it can only be programmed by the
tanning operator.

(23) "Safe Level" means not
more than 50 colonies of microorganisms per four square inches of equipment surface.

(24) "Sanitize" means the
effective bactericidal treatment of surfaces of equipment and devices by an EPA
or FDA registered product that provides a sufficient concentration of chemicals,
and enough time to reduce the bacterial count, including pathogens, to a safe level.

(1) Prior to the operation of any tanning
device used by the public for a fee or other compensation, the owner or operator
shall file an application with the Authority and pay applicable fee(s) in the amount
and in the manner specified in OAR 333-103-0025 to register each tanning device.

(2) If the owner or operator
owns or operates more than one such tanning facility, the owner or operator shall
file a separate application for each such facility owned or operated.

(3) Registration application
shall be made on forms furnished by the Authority.

(4) A validation certificate
or acknowledgement of validation will be issued by the Authority.

(5) The certificate issued
by the Authority shall be effective for one year beginning January 1 through December
31.

(6) The certificate shall
be displayed in a conspicuous open public area of the tanning facility.

(7) The Authority will provide
an identification number that will be affixed by an Authority inspector to each
tanning device during the initial or follow-up facility inspection:

(a) Identification numbers
shall not be removed without written permission of the Authority; and

(b) Identification numbers
shall not be defaced.

(8) The registrant shall
notify the Authority in writing before making any change that would render the information
contained in the application for registration or the validation of registration
no longer accurate.

(9) No registration may be
transferred from one person to another person, from one tanning facility to another
tanning facility, or from one tanning device to another tanning device.

(10) Failure to properly
register a tanning device is subject to the imposition of a civil penalty per ORS
431.950 and ORS 431.262.

(1) The registrant shall be responsible
for directing the operation of the tanning facility that has been registered with
the Authority. That individual or individual's agent shall assure that the provisions
of these rules are met in the operation of tanning devices.

(2) A tanning device which
does not meet the provisions of these rules shall not be operated and may be tagged
"Out of Service for Non-compliance with OAR 333-119 Requirements" by Authority inspectors.
Devices tagged as non-compliant shall not be operated until written authorization
is received by the registrant from the Authority.

(3) The registrant shall
assure that the tanning facility will comply with all applicable federal laws and
regulations.

(4) In addition to the requirements
of this division, all registrants are subject to the applicable requirements of
divisions 100, 103 and 111 of this chapter.

(5) The Authority Inspection
Findings report shall be conspicuously posted in public view until all items of
non-compliance have been corrected and a written Authority release from this requirement
is received by the registrant.

(6) The registrant shall
post in a conspicuous place the Authority "Notice To The Public".

(7) The registrant shall
ensure that the "Warning", "Notice to the Public" and "Persons Under Age 18" signs
are not covered or obscured, and are easily seen by clients at either the main reception
area of the establishment or in each tanning device room.

(8) The registrant shall
notify the Authority of any injury for which medical attention was sought or obtained
from the use of a registered tanning device within one working day after learning
of the occurrence, and provide the Authority any information about the incident
the Authority deems necessary.

Unless otherwise ordered or approved
by the Authority, each tanning facility shall be constructed, operated and maintained
to meet the following minimum requirements:

(1) All tanning facilities
shall be equipped with convenient toilet facilities and dressing rooms. Such toilet
facilities shall include a toilet and hand washing sinks. Such toilet and dressing
rooms shall be properly maintained, as well as meet all state and local codes.

(1) All areas of the tanning facility,
including tanning devices, equipment and apparatus, shall be maintained in a clean
and sanitary manner by the facility operator.

(2) The tanning device(s)
and protective eyewear shall be sanitized after each client use, by the facility
operator.

(3) A clean paper or cloth
towel shall be used each time the tanning device is sanitized.

(4) An operator cannot require
the consumer to sanitize the tanning equipment or protective eyewear and shall not
post any signs requesting such sanitation be performed by the consumer.

(5) The sanitizer must contain
a concentration of Quaternary Ammonium between 400ppm-800ppm.

(6) A test kit that accurately
measures the concentration of the sanitizing solution in parts per million (ppm)
shall be used to measure the strength of the sanitizing solution when the concentrate
and water dilution is initially prepared and tested weekly thereafter to ensure
sufficient strength remains within the sanitizing solution.

(1) At each customer's initial visit
to a tanning facility, and at least annually thereafter, the customer shall be provided
a written statement to review and sign, which warns the customer that:

(a) Not wearing appropriate
protective eyewear may cause damage to the eyes; and

(b) Overexposure to the tanning
process may cause burns; and

(c) Repeated exposure to
the tanning process may cause skin cancer or premature aging of the skin or both;
and

(d) Abnormal skin sensitivity
or burning may result from the tanning process if the customer is also consuming
or using certain foods, cosmetics or medications (such as tranquilizers, antibiotics,
diuretics, blood pressure medication or birth control pills); and

(e) Any person taking a prescription
or over-the-counter drug should consult a physician before using a tanning device;
and

(f) The frequency and duration
of tanning sessions must not exceed tanning device manufacturer recommendations;
and

(g) Frequent users should
be regularly screened for skin cancer by a physician.

(2) An Authority approved
tanning client card may be used to satisfy the requirement of section (1) of this
rule.

(3) The warning language
in the written statement must be in 14 point or larger font.

(1) The registrant shall conspicuously
post the warning sign described in section (2) of this rule within one meter (39.37
inches) of each tanning device and in such a manner that the sign is clearly visible,
not obstructed by any barrier, equipment or other object, and can be easily viewed
by the customer before operating the tanning device.

(2) The warning sign in section
(1) of this rule shall meet the following requirements:

(a) The sign shall be printed
on paper or similar material no smaller than 8.5 inches by 11 inches. Signs are
available for printing on the Authority’s website.

(b) The major sign heading shall
be labeled “DANGER” and the section entitled “FAILURE” shall
be a minimum of Times New Roman, bold with a minimum font size of 40.

(c) The body text shall be a
minimum of Times New Roman with a minimum font size of 20.

FAILURE TO USE PROTECTIVE
EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.

Medications or cosmetics
may increase your sensitivity to the Ultraviolet radiation. Consult a physician
before using sunlamp or tanning device if you are using medications or have a history
of skin problems or believe yourself to be especially sensitive to sunlight.

If you do not tan
in the sun, you are unlikely to tan from the use of this product.

Tanning session
frequency and time shall not exceed the device manufacturer’s recommendations.

(3) Approved training will
include, at a minimum, content covering the rules of this division, skin typing,
recognition of overexposure, as well as any other topic determined by the Authority
to be critical to client protection.

The registrant and operators are responsible
for protecting the customers from overexposure to Ultraviolet Light by ensuring
that:

(1) Only one customer may
occupy the tanning room. In the case of a customer using a tanning device who may
need the aid or assistance from another person, that individual must also be provided
with and wear protective eyewear.

(2) No customer under the
age of 18 years shall be allowed to use a tanning device without a completed Oregon
Underage Tanning Medical Recommendation form completed by a licensed physician and
identification. The recommendation:

(a) Must identify the physician
and client and describe the recommended tanning session frequency(s) and duration(s);

(b) Must identify dates for
starting and ending of the tanning sessions; and

(c) Cannot exceed the exposure
scheduled per OAR 333-119-0100(14)(b).

(3) A sign shall be posted
in conspicuous view at or near the reception area with the following text in a minimum
of at least 36 point type:

"PERSONS UNDER AGE 18 ARE
NOT ALLOWED TO USE A TANNING DEVICE WITHOUT A WRITTEN RECOMMENDATION FROM A LICENSED
PHYSICIAN"

(4) Each person using a tanning
device shall be instructed by the operator on the maximum exposure time and proper
exposure distance, as recommended by the manufacturer of the device. The operator
shall also instruct the customer as to the location and proper operation of the
tanning device's emergency shut off switch.

(5) Infants and minors are
not permitted to be in the tanning device room during exposure by parents or guardians.

(6) Tanning operators shall
limit exposure time to the device manufacturer’s recommendations. The maximum
exposure time recommended by the manufacturer of the device shall not be exceeded
in any 24-hour period.

(7) A copy of the manufacturer’s
recommended exposure schedule shall be maintained at the remote timer controls for
each device.

(8) At the time of their
initial visit, all clients shall have their skin type determined according to the
Fitzpatrick Skin Type Scale, and their skin type recorded in the client record.

(9) Tanning operators shall
maintain a list of the common photosensitizing agents as provided by the Public
Health Division, FDA, or other appropriate authorities, available for review by
customers.

(10) Tanning facilities are
prohibited from controlling the use of tanning devices solely with token timer systems
or a mechanical timer system.

(1) The registrant shall use only tanning
devices manufactured in accordance with the specifications set forth in 21 CFR Part
1040, Section 1040.20, "Sunlamp Products and Ultraviolet Lamps Intended for Use
in Sunlamp Products."

(2) Each tanning device shall
be labeled in accordance with 21 CFR Part 1040.

(3) Adequate means shall
be provided to enable a customer to summon assistance from the exposure position.

(4) All persons hired for
servicing and repair of tanning devices shall be State of Oregon licensed electricians.

(5) State of Oregon electrical
codes must be observed during service and repair actions.

(6) Replacement lamps shall
be certified by the manufacturer as equivalent to the original lamp type as specified
by the manufacturer, or certified as an equivalent lamp per 21 CFR 1040.20.

(7) If equivalent lamps are
used instead of the Original Equipment Manufacturer (OEM) required lamps, a copy
of the equivalency certification, provided by the lamp supplier, shall be maintained
for review by the Authority during inspections.

(8) Lamps removed from a
tanning device shall be disposed of in a safe and proper manner to prevent unauthorized
and unsafe use as lighting devices. Used tanning lamps are prohibited from being
resold for any purpose.

(9) If the ultraviolet tanning
device is not in an individual cubicle, then a suitable screen, curtain, or other
shield shall be provided, maintained, and used to prevent unnecessary exposure to
ultraviolet radiation of persons not using the device.

(10) Each tanning device
shall have a timer that complies with the requirements of 21 CFR Part 1040, Section
1040.20 (c)(2).

(11) The maximum timer interval
shall not exceed the manufacturer's maximum recommended exposure time, or 20 minutes,
whichever is less.

(12) A tanning facility shall
use the following exposure schedule for tanning devices originally designed with
a 30 minute maximum exposure time that have been reduced to a 20 minute maximum
exposure time. A copy of this exposure schedule must be affixed to the tanning
device, and a copy maintained at the timer controls.

(a) Skin type 1:

(A) Week 1: 1–3 minutes;

(B) Week 2: 4–6 minutes;

(C) Week 3: 7–10 minutes;

(D) Week 4: 11–15 minutes.

(b) Skin type 2 and 3:

(A) Week 1: 4 minutes;

(B) Week 2: 8 minutes;

(C) Week 3: 12 minutes;

(D) Week 4: 16 minutes;

(E) Weekly maintenance: 20
minutes.

(c) Skin Type 4 and 5:

(A) Week 1: 4 minutes;

(B) Week 2: 12 minutes;

(C) Week 3: 16 minutes;

(D) Week 4: 20 minutes;

(E) Weekly maintenance: 20
minutes.

(13) Tanning device timers
shall be controlled by a trained operator. A remote timer control system shall be
used for this purpose.

(14) Each tanning device
shall be equipped with a functional emergency shut-off mechanism to allow manual
termination of the UV exposure by the customer, as required by 21 CFR 1040.20(c)(3).

(15) Each timer must be functional
and accurate to within ± 10 percent.

(16) The registrant shall
ensure that the timer is checked annually for accuracy and the results recorded.

(17) The registrant shall
ensure that the emergency shut-off is tested annually for proper function and results
recorded.

(18) All tanning devices
shall be maintained to the minimum requirements of the manufacturer.

(1) The registrant shall maintain a
record of each customer's total number of tanning visits, dates and durations of
tanning exposures.

(2) The registrants shall
maintain a record of each customer's signature and acknowledgement that they understand
the potential risks involved with exposure to ultraviolet radiation and overexposure,
and that they have reviewed a photosensitizing drug list.

(3) The registrant shall
maintain and have available when requested by the Authority, all completed Oregon
Underage Tanning Medical Recommendation forms with copies of the identification
used for each minor allowed to use a tanning device.

(4) Upon their initial visit,
all tanning clients must present acceptable identification as proof of age. The
type of identification, identification number, client’s name, and date of
birth shall be recorded by the registrant in the client’s record. When requested
by the Authority, records shall be available for review.

(5) The registrant shall
maintain a record of operator training as required in OAR 333-119-0080(3).

(6) The registrant shall
maintain a copy of the owner’s manual for each tanning device.

(7) Records shall be maintained
showing the method of disposal of all tanning devices and lamps.

(8) All required records
shall be maintained in a location and format as to be readily available for review
during inspections conducted by the Authority.

(1) Registrants shall not claim or distribute
promotional materials that claim using a tanning device is safe, free from risk
or that using the device will result in medical or health benefits. Only cosmetic
claims can be promoted.

(2) No person, in any advertisement,
shall refer to the fact that such person, or such person's facility is registered
with the Authority pursuant to the provisions of this division, and no person shall
state or imply that any activity under such registration has been approved by the
Authority.

(1) The Authority may, upon application
therefore or upon its own initiative, grant such exemptions or exceptions from the
requirements of the rules in this section as it determines are authorized by law
and will not result in undue hazard to public health and safety.

(2) A phototherapy device
used by or under the direct supervision of a physician licensed under ORS chapter
677 is exempt from the requirements of this division.

(3) Any individual is exempt
from the provisions of this division to the extent that such individual owns a tanning
device exclusively for personal use.

(4) Tanning devices, while
in transit or storage, are exempt from the registration provisions of this division.

(1) The Authority may deny, suspend or revoke registration issued pursuant to this division:

(a) For any written false statement in the application for registration or in any statement of fact as required by provisions of this division; or

(b) Because of conditions revealed by the application or any report, record, inspection or other means which would warrant the Authority to refuse to grant a registration; or

(c) For operation of the tanning facility in a manner that causes or threatens to cause hazard to the public health or safety; or

(d) For failure to allow authorized representatives of the Authority to enter the tanning facility at reasonable times for the purpose of determining compliance with the provisions of this division, or an order of the Authority; or

(e) For violation of, or failure to observe any of the terms and conditions of the rules in this division, or an order of the Authority; or

(f) For failure to properly dispose of used tanning lamps and thus allowing possible use in an unauthorized or hazardous manner.

(2) Except in cases of willfulness or cases in which the public health, interest or safety requires otherwise, prior to the institution of proceedings for suspension or revocation of a registration, the Authority shall:

(a) Call to the attention of the registrant, in writing, the facts or conduct which may warrant such actions; and

(b) Provide reasonable opportunity for the registrant to demonstrate or achieve compliance with all lawful requirements.

(3) Any person aggrieved by a decision by the Authority to deny a registration or to suspend or revoke a registration after issuance may request a hearing.

(4) The Authority may terminate a registration upon receipt of a written request for termination from the registrant.

(5) The Authority may, by rule, regulation, or order, impose upon any registrant such requirements in addition to those established in this regulation as it deems appropriate or necessary to minimize danger to public health and safety or property.

(1) Any person who sells, leases, transfers, or lends tanning devices in this state shall notify the Authority of the following within 30 days after each sale or installation:

(a) Name and address of persons who have received these devices;

(b) The manufacturer model and serial numbers of each device; and

(c) The date of transfer.

(2) No person shall make, sell, lease, transfer, lend or install tanning devices or the supplies used in connection with such devices unless such supplies and equipment when placed in operation and use, will meet the requirements of these rules.

(3) State of Oregon identification numbers shall not be removed, altered or defaced by any vendor doing business in this state, without written permission of the Authority.

(5) Vendors providing operator training services are required to apply for a license for services as specified in OAR 333-101-0020. The Authority will furnish license application forms. Prior to offering training services, vendors shall submit to the Authority the following:

(6) Upon approval, a letter will be sent to the training service vendor giving permission to offer tanning operator training within the State of Oregon.

(7) The Authority shall be notified prior to training material revisions. The Authority shall review and approve all changes made to the training materials.

(8) Vendors shall maintain records of course completion and test results for a period of at least three years from the date of the operator training course. A copy of the list of persons successfully completing operator training shall be furnished to the Authority and include the following:

(a) Name of persons trained;

(b) Individual test scores; and

(c) Associated tanning facility, name and address.

(9) The Authority shall be provided access to audit any operator training courses offered within the State of Oregon without charge.

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use